22 Cited authorities

  1. Blank v. Kirwan

    39 Cal.3d 311 (Cal. 1985)   Cited 3,041 times
    Holding that the standard for a failure to state a claim is whether "the complaint states facts sufficient to constitute a cause of action"
  2. Alliance Mortgage Co. v. Rothwell

    10 Cal.4th 1226 (Cal. 1995)   Cited 719 times   2 Legal Analyses
    Holding that antideficiency statutes do not preclude an action against the borrower for fraud in the inducement of the loan
  3. Miklosy v. Regents of University of California

    44 Cal.4th 876 (Cal. 2008)   Cited 462 times   1 Legal Analyses
    Holding that when "alleged wrongful conduct ... occur at the worksite, in the normal course of the employer-employee relationship ... workers' compensation is a plaintiff exclusive remedy for any injury that may" result
  4. City v. Merrill Lynch

    68 Cal.App.4th 445 (Cal. Ct. App. 1998)   Cited 455 times
    Holding allegation that brokerage firm encouraged client to undertake "imprudent and unsuitable" investment program that included "speculative investments in extremely volatile securities, risky transactions in highly leveraged interest-bearing instruments, and excessive commissions" sufficient to state a claim for breach of fiduciary duty
  5. Bily v. Arthur Young & Co.

    3 Cal.4th 370 (Cal. 1992)   Cited 544 times   6 Legal Analyses
    Holding that an accountant is liable for negligent misrepresentation to a third party only if he knowingly supplies the information for the benefit of the third party, and the information is relied on by the third party in a transaction previously identified to the accountant, or a substantially similar transaction
  6. Tarmann v. State Farm Mut. Auto. Ins. Co.

    2 Cal.App.4th 153 (Cal. Ct. App. 1991)   Cited 491 times
    Holding that intentional misrepresentation claim based on a false promise requires plaintiff to plead that "the promisor did not intend to perform at the time he or she made the promise and that it was intended to deceive or induce the promisee to do or not do a particular thing."
  7. Ochs v. PacifiCare of California

    115 Cal.App.4th 782 (Cal. Ct. App. 2004)   Cited 99 times   2 Legal Analyses
    Finding such a cause of action exists
  8. Feitelberg v. Credit Suisse First Boston, LLC

    134 Cal.App.4th 997 (Cal. Ct. App. 2005)   Cited 91 times   1 Legal Analyses
    Holding that rule applies to class action plaintiffs
  9. Doheny Park Terrace Homeowners Assn., Inc. v. Truck Ins. Exchange

    132 Cal.App.4th 1076 (Cal. Ct. App. 2005)   Cited 74 times
    Holding insured's request for reconsideration of denial does not extend limitations period
  10. Rodas v. Spiegel

    87 Cal.App.4th 513 (Cal. Ct. App. 2001)   Cited 77 times
    Affirming trial court's order sustaining the defendant's demurrer based on admissions in a plaintiff's opposition and observing, "[w]e may, and shall, take judicial notice of admissions in plaintiff's opposition to demurrer"
  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,414 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  12. Section 1300.71 - Claims Settlement Practices

    Cal. Code Regs. tit. 28 § 1300.71   Cited 37 times   2 Legal Analyses
    Addressing how to calculate the reasonable and customary value of the health care services provided